Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1594
       
       
       
       
       
       
                                Barcode 887822                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2011 11:27 AM       .                                
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       Senators Jones, Garcia, Latvala, Dockery, Ring, Norman, Diaz de
       la Portilla, and Lynn moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (11) and (25) of section 550.002,
    6  Florida Statutes, are amended to read:
    7         550.002 Definitions.—As used in this chapter, the term:
    8         (11) “Full schedule of live racing or games” means, for a
    9  greyhound or jai alai permitholder, the conduct of a combination
   10  of at least 100 live evening or matinee performances during the
   11  preceding year; for a permitholder who has a converted permit or
   12  filed an application on or before June 1, 1990, for a converted
   13  permit, the conduct of a combination of at least 100 live
   14  evening and matinee wagering performances during either of the 2
   15  preceding years; for a jai alai permitholder who does not
   16  operate slot machines in its pari-mutuel facility, who has
   17  conducted at least 100 live performances per year for at least
   18  10 years after December 31, 1992, and whose handle on live jai
   19  alai games conducted at its pari-mutuel facility has been less
   20  than $4 million per state fiscal year for at least 2 consecutive
   21  years after June 30, 1992, the conduct of a combination of at
   22  least 40 live evening or matinee performances during the
   23  preceding year; for a jai alai permitholder who operates slot
   24  machines in its pari-mutuel facility, the conduct of a
   25  combination of at least 150 performances during the preceding
   26  year; for a harness permitholder, the conduct of at least 100
   27  live regular wagering performances during the preceding year;
   28  for a quarter horse permitholder at its facility unless an
   29  alternative schedule of at least 20 live regular wagering
   30  performances is agreed upon by the permitholder and either the
   31  Florida Quarter Horse Racing Association or the horsemen’s
   32  association representing the majority of the quarter horse
   33  owners and trainers at the facility and filed with the division
   34  along with its annual date application, in the 2010-2011 fiscal
   35  year, the conduct of at least 20 regular wagering performances,
   36  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   37  least 30 live regular wagering performances, and for every
   38  fiscal year after the 2012-2013 fiscal year, the conduct of at
   39  least 40 live regular wagering performances; for a quarter horse
   40  permitholder leasing another licensed racetrack, the conduct of
   41  160 events at the leased facility; and for a thoroughbred
   42  permitholder, the conduct of at least 40 live regular wagering
   43  performances during the preceding year. For a permitholder which
   44  is restricted by statute to certain operating periods within the
   45  year when other members of its same class of permit are
   46  authorized to operate throughout the year, the specified number
   47  of live performances which constitute a full schedule of live
   48  racing or games shall be adjusted pro rata in accordance with
   49  the relationship between its authorized operating period and the
   50  full calendar year and the resulting specified number of live
   51  performances shall constitute the full schedule of live games
   52  for such permitholder and all other permitholders of the same
   53  class within 100 air miles of such permitholder. A live
   54  performance must consist of no fewer than eight races or games
   55  conducted live for each of a minimum of three performances each
   56  week at the permitholder’s licensed facility under a single
   57  admission charge. Notwithstanding any other provision of law,
   58  beginning with the 2011-2012 fiscal year, there shall be no
   59  minimum requirement of live performances for greyhound
   60  permitholders.
   61         (25) “Performance” means a series of timed events, races,
   62  or games performed consecutively under a single admission
   63  charge.
   64         Section 2. Subsection (1) of section 550.01215, Florida
   65  Statutes, is amended to read:
   66         550.01215 License application; periods of operation; bond,
   67  conversion of permit.—
   68         (1) Each permitholder shall annually, during the period
   69  between December 15 and January 4, file in writing with the
   70  division its application for a license to conduct pari-mutuel
   71  wagering activities performances during the next state fiscal
   72  year. Each application requesting live performances, if any,
   73  shall specify the number, dates, and starting times of all
   74  performances which the permitholder intends to conduct. It shall
   75  also specify which performances will be conducted as charity or
   76  scholarship performances. In addition, each application for a
   77  license shall include, for each permitholder which elects to
   78  operate a cardroom, the dates and periods of operation the
   79  permitholder intends to operate the cardroom or, for each
   80  thoroughbred permitholder which elects to receive or rebroadcast
   81  out-of-state races after 7 p.m., the dates for all performances
   82  which the permitholder intends to conduct. A greyhound
   83  permitholder may receive a license to conduct pari-mutuel
   84  wagering activities at a licensed greyhound facility pursuant to
   85  s. 550.475. Permitholders may shall be entitled to amend their
   86  applications through February 28 or, for applications by
   87  greyhound permitholders relating to the 2011-2012 fiscal year,
   88  through August 31, 2011.
   89         Section 3. Paragraph (b) of subsection (14) of section
   90  550.054, Florida Statutes, is amended to read:
   91         550.054 Application for permit to conduct pari-mutuel
   92  wagering.—
   93         (14)
   94         (b) The division, upon application from the holder of a jai
   95  alai permit meeting all conditions of this section, shall
   96  convert the permit and shall issue to the permitholder a permit
   97  to conduct greyhound racing. A permitholder of a permit
   98  converted under this section shall be required to apply for and
   99  conduct a full schedule of live racing each fiscal year to be
  100  eligible for any tax credit provided by this chapter. The holder
  101  of a permit converted pursuant to this subsection or any holder
  102  of a permit to conduct greyhound racing located in a county in
  103  which it is the only permit issued pursuant to this section who
  104  operates at a leased facility pursuant to s. 550.475 may move
  105  the location for which the permit has been issued to another
  106  location within a 30-mile radius of the location fixed in the
  107  permit issued in that county, provided the move does not cross
  108  the county boundary and such location is approved under the
  109  zoning regulations of the county or municipality in which the
  110  permit is located, and upon such relocation may use the permit
  111  for the conduct of pari-mutuel wagering and the operation of a
  112  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  113  apply to any permit converted under this subsection and shall
  114  continue to apply to any permit which was previously included
  115  under and subject to such provisions before a conversion
  116  pursuant to this section occurred.
  117         Section 4. Subsection (1) and paragraph (c) of subsection
  118  (3) of section 550.0951, Florida Statutes, are amended to read:
  119         550.0951 Payment of daily license fee and taxes;
  120  penalties.—
  121         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
  122  business of conducting race meetings or jai alai games under
  123  this chapter, hereinafter referred to as the “permitholder,”
  124  “licensee,” or “permittee,” shall pay to the division, for the
  125  use of the division, a daily license fee on each live or
  126  simulcast pari-mutuel event of $100 for each horserace and $80
  127  for each dograce and $40 for each jai alai game conducted at a
  128  racetrack or fronton licensed under this chapter. In addition to
  129  the tax exemption specified in s. 550.09514(1) of $360,000 or
  130  $500,000 per greyhound permitholder per state fiscal year, each
  131  greyhound permitholder shall receive in the current state fiscal
  132  year a tax credit equal to the number of live greyhound races
  133  conducted in the previous state fiscal year times the daily
  134  license fee specified for each dograce in this subsection
  135  applicable for the previous state fiscal year. This tax credit
  136  and the exemption in s. 550.09514(1) shall be applicable to any
  137  tax imposed by this chapter or the daily license fees imposed by
  138  this chapter except during any charity or scholarship
  139  performances conducted pursuant to s. 550.0351. Each
  140  permitholder shall pay daily license fees not to exceed $500 per
  141  day on any simulcast races or games on which such permitholder
  142  accepts wagers regardless of the number of out-of-state events
  143  taken or the number of out-of-state locations from which such
  144  events are taken. This license fee shall be deposited with the
  145  Chief Financial Officer to the credit of the Pari-mutuel
  146  Wagering Trust Fund.
  147         (b) Each permitholder that cannot utilize the full amount
  148  of the exemption of $360,000 or $500,000 provided in s.
  149  550.09514(1) or the daily license fee credit provided in this
  150  section may, at any time after notifying the division in
  151  writing, elect once per state fiscal year on a form provided by
  152  the division, elect to transfer such exemption or credit or any
  153  portion thereof to any greyhound permitholder which acts as a
  154  host track to such permitholder for the purpose of intertrack
  155  wagering. Notwithstanding any other provision of law, the
  156  exemption of $360,000 or $500,000 provided in s. 550.09514(1),
  157  for each greyhound permitholder that does not conduct live
  158  racing shall be pooled for distribution to eligible greyhound
  159  permitholders in the current fiscal year and any portion of the
  160  exemptions provided in s. 550.09514(1) unused or not transferred
  161  by each greyhound permitholder that elects to conduct live
  162  racing shall be pooled for distribution to eligible greyhound
  163  permitholders in the following fiscal year. Each greyhound
  164  permitholder conducting at least 100 live performances of at
  165  least eight races during a fiscal year shall be eligible for an
  166  additional tax credit from the pool in an amount equal to the
  167  product of the respective permitholder’s percentage share of
  168  live and intertrack wagering handle, excluding the live and
  169  intertrack wagering handle of permitholders that do not conduct
  170  live racing during the year in which the credits are distributed
  171  under subsection (3) during the preceding fiscal year and the
  172  total value of tax credits available in the pool. A greyhound
  173  permitholder conducting live racing shall use the credits
  174  provided in paragraph (a) and s. 550.1647 prior to the
  175  exemptions provided in s. 550.09514(1) for purposes of
  176  calculating the amount of unused exemptions. Once an election to
  177  transfer such exemption or credit is filed with the division, it
  178  shall not be rescinded. The division shall disapprove the
  179  transfer when the amount of the exemption or credit or portion
  180  thereof is unavailable to the transferring permitholder for any
  181  reason, including being unavailable because the transferring
  182  permitholder did not conduct at least 100 live performances of
  183  at least eight races during the fiscal year, or when the
  184  permitholder who is entitled to transfer the exemption or credit
  185  or who is entitled to receive the exemption or credit owes taxes
  186  to the state pursuant to a deficiency letter or administrative
  187  complaint issued by the division. Upon approval of the transfer
  188  by the division, the transferred tax exemption or credit shall
  189  be effective for the first performance of the next payment
  190  period as specified in subsection (5). The exemption or credit
  191  transferred to such host track may be applied by such host track
  192  against any taxes imposed by this chapter or daily license fees
  193  imposed by this chapter. The greyhound permitholder host track
  194  to which such exemption or credit is transferred shall reimburse
  195  such permitholder the exact monetary value of such transferred
  196  exemption or credit as actually applied against the taxes and
  197  daily license fees of the host track. The division shall ensure
  198  that all transfers of exemption or credit are made in accordance
  199  with this subsection and shall have the authority to adopt rules
  200  to ensure the implementation of this section.
  201         (c) A greyhound permitholder that conducts at least 100
  202  live performances of at least eight races during each of the 5
  203  years after July 1, 2011; that subsequently elects to not
  204  conduct live racing; and that served as a host track for
  205  intertrack wagering in each of the 10 years preceding its
  206  election to not conduct live racing, or was converted pursuant
  207  to s. 550.054(14), is entitled to an annual tax credit for each
  208  year the greyhound permitholder conducted live racing after July
  209  1, 2011, not to exceed 10 years, in an amount equal to the
  210  average tax credit received by the greyhound permitholder
  211  pursuant to paragraph (b) during the 3 years preceding the
  212  greyhound permitholder’s election to not conduct live racing.
  213  The tax credit provided under this paragraph shall be deducted
  214  from the pool pursuant to paragraph (b) and may be applied
  215  against any taxes or fees imposed by this chapter or any taxes
  216  or fees imposed by s. 849.086.
  217         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  218  contributions to pari-mutuel pools, the aggregate of which is
  219  hereinafter referred to as “handle,” on races or games conducted
  220  by the permitholder. The tax is imposed daily and is based on
  221  the total contributions to all pari-mutuel pools conducted
  222  during the daily performance. If a permitholder conducts more
  223  than one performance daily, the tax is imposed on each
  224  performance separately.
  225         (c)1. The tax on handle for intertrack wagering is 2.0
  226  percent of the handle if the host track is a horse track, 3.3
  227  percent if the host track is a harness track, 5.5 percent if the
  228  host track is a dog track, and 7.1 percent if the host track is
  229  a jai alai fronton. The tax on handle for intertrack wagering is
  230  0.5 percent if the host track and the guest track are
  231  thoroughbred permitholders or if the guest track is located
  232  outside the market area of the host track and within the market
  233  area of a thoroughbred permitholder currently conducting a live
  234  race meet. The tax on handle for intertrack wagering on
  235  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
  236  of the handle and 1.5 percent of the handle for intertrack
  237  wagering on rebroadcasts of simulcast harness horseraces. The
  238  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
  239         2. The tax on handle for intertrack wagers accepted by any
  240  dog track located in an area of the state in which there are
  241  only three permitholders, all of which are greyhound
  242  permitholders, located in three contiguous counties, from any
  243  greyhound permitholder also located within such area or any dog
  244  track or jai alai fronton located as specified in s. 550.615(6)
  245  or (8) (9), on races or games received from the same class of
  246  permitholder located within the same market area is 3.9 percent
  247  if the host facility is a greyhound permitholder and, if the
  248  host facility is a jai alai permitholder, the rate shall be 6.1
  249  percent except that it shall be 2.3 percent on handle at such
  250  time as the total tax on intertrack handle paid to the division
  251  by the permitholder during the current state fiscal year exceeds
  252  the total tax on intertrack handle paid to the division by the
  253  permitholder during the 1992-1993 state fiscal year.
  254         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  255  of section 550.09514, Florida Statutes, are amended to read:
  256         550.09514 Greyhound dogracing taxes; purse requirements.—
  257         (2)
  258         (b) Except as otherwise set forth herein, in addition to
  259  the minimum purse percentage required by paragraph (a), each
  260  permitholder conducting live racing during a fiscal year shall
  261  pay as purses an annual amount equal to 75 percent of the daily
  262  license fees paid by each permitholder for the 1994-1995 fiscal
  263  year. This purse supplement shall be disbursed weekly during the
  264  permitholder’s race meet in an amount determined by dividing the
  265  annual purse supplement by the number of performances approved
  266  for the permitholder pursuant to its annual license and
  267  multiplying that amount by the number of performances conducted
  268  each week. For the greyhound permitholders in the county where
  269  there are two greyhound permitholders located as specified in s.
  270  550.615(6), such permitholders shall pay in the aggregate an
  271  amount equal to 75 percent of the daily license fees paid by
  272  such permitholders for the 1994-1995 fiscal year. These
  273  permitholders shall be jointly and severally liable for such
  274  purse payments. The additional purses provided by this paragraph
  275  must be used exclusively for purses other than stakes. The
  276  division shall conduct audits necessary to ensure compliance
  277  with this section.
  278         (c)1. Each greyhound permitholder when conducting at least
  279  three live performances during any week shall pay purses in that
  280  week on wagers it accepts as a guest track on intertrack and
  281  simulcast greyhound races at the same rate as it pays on live
  282  races. Each greyhound permitholder when conducting at least
  283  three live performances during any week shall pay purses in that
  284  week, at the same rate as it pays on live races, on wagers
  285  accepted on greyhound races at a guest track which is not
  286  conducting live racing and is located within the same market
  287  area as the greyhound permitholder conducting at least three
  288  live performances during any week.
  289         2. Each host greyhound permitholder shall pay purses on its
  290  simulcast and intertrack broadcasts of greyhound races to guest
  291  facilities that are located outside its market area in an amount
  292  equal to one quarter of an amount determined by subtracting the
  293  transmission costs of sending the simulcast or intertrack
  294  broadcasts from an amount determined by adding the fees received
  295  for greyhound simulcast races plus 3 percent of the greyhound
  296  intertrack handle at guest facilities that are located outside
  297  the market area of the host and that paid contractual fees to
  298  the host for such broadcasts of greyhound races. For guest
  299  greyhound permitholders not conducting live racing during a
  300  fiscal year and not subject to the purse requirements in
  301  subparagraph 1., 3 percent of the greyhound intertrack handle
  302  shall be paid to the host greyhound permitholder for payment of
  303  purses at the host track.
  304         (e) In addition to the purse requirements of paragraphs
  305  (a)-(c), each greyhound permitholder shall pay as purses an
  306  amount equal to one-third of the amount of the tax reduction on
  307  live and simulcast handle applicable to such permitholder as a
  308  result of the reductions in tax rates provided by this act
  309  through the amendments to s. 550.0951(3) in chapter 2000-354,
  310  Laws of Florida. With respect to intertrack wagering when the
  311  host and guest tracks are greyhound permitholders not within the
  312  same market area, an amount equal to the tax reduction
  313  applicable to the guest track handle as a result of the
  314  reduction in tax rates rate provided by this act through the
  315  amendments amendment to s. 550.0951(3) in chapter 2000-354, Laws
  316  of Florida, shall be distributed to the guest track, one-third
  317  of which amount shall be paid as purses at the guest tracks
  318  conducting live racing track. However, if the guest track is a
  319  greyhound permitholder within the market area of the host or if
  320  the guest track is not a greyhound permitholder, an amount equal
  321  to such tax reduction applicable to the guest track handle shall
  322  be retained by the host track, one-third of which amount shall
  323  be paid as purses at the host track. These purse funds shall be
  324  disbursed in the week received if the permitholder conducts at
  325  least one live performance during that week. If the permitholder
  326  does not conduct at least one live performance during the week
  327  in which the purse funds are received, the purse funds shall be
  328  disbursed weekly during the permitholder’s next race meet in an
  329  amount determined by dividing the purse amount by the number of
  330  performances approved for the permitholder pursuant to its
  331  annual license, and multiplying that amount by the number of
  332  performances conducted each week. The division shall conduct
  333  audits necessary to ensure compliance with this paragraph.
  334         Section 6. Subsection (9) of section 550.105, Florida
  335  Statutes, is amended to read:
  336         550.105 Occupational licenses of racetrack employees; fees;
  337  denial, suspension, and revocation of license; penalties and
  338  fines.—
  339         (9) The tax imposed by this section is in lieu of all
  340  license, excise, or occupational taxes to the state or any
  341  county, municipality, or other political subdivision, except
  342  that, if a race meeting or game is held or conducted in a
  343  municipality, the municipality may assess and collect an
  344  additional tax against any person conducting live racing or
  345  games within its corporate limits, which tax may not exceed $150
  346  per day for horseracing or $50 per day for dogracing,
  347  simulcasts, intertrack wagering, cardroom games, or jai alai, up
  348  to the maximum of 100 days for dogracing facilities. This tax
  349  may be levied on simulcasts, intertrack wagering, and cardroom
  350  games only to the extent that the facility does not have an
  351  existing agreement with the municipality. Except as provided in
  352  this chapter, a municipality may not assess or collect any
  353  additional excise or revenue tax against any person conducting
  354  race meetings within the corporate limits of the municipality or
  355  against any patron of any such person.
  356         Section 7. Subsection (1) of section 550.26165, Florida
  357  Statutes, is amended to read:
  358         550.26165 Breeders’ awards.—
  359         (1) The purpose of this section is to encourage the
  360  agricultural activity of breeding and training racehorses in
  361  this state. Moneys dedicated in this chapter for use as
  362  breeders’ awards and stallion awards are to be used for awards
  363  to breeders of registered Florida-bred horses winning horseraces
  364  and for similar awards to the owners of stallions who sired
  365  Florida-bred horses winning stakes races, if the stallions are
  366  registered as Florida stallions standing in this state. Such
  367  awards shall be given at a uniform rate to all winners of the
  368  awards, shall not be greater than 20 percent of the announced
  369  gross purse, and shall not be less than 15 percent of the
  370  announced gross purse if funds are available. In addition, no
  371  less than 17 percent nor more than 40 percent, as determined by
  372  the Florida Thoroughbred Breeders’ Association, of the moneys
  373  dedicated in this chapter for use as breeders’ awards and
  374  stallion awards for thoroughbreds shall be returned pro rata to
  375  the permitholders that generated the moneys for special racing
  376  awards to be distributed by the permitholders to owners of
  377  thoroughbred horses participating in prescribed thoroughbred
  378  stakes races, nonstakes races, or both, all in accordance with a
  379  written agreement establishing the rate, procedure, and
  380  eligibility requirements for such awards entered into by the
  381  permitholder, the Florida Thoroughbred Breeders’ Association,
  382  and the Florida Horsemen’s Benevolent and Protective
  383  Association, Inc., except that the plan for the distribution by
  384  any permitholder located in the area described in s. 550.615(8)
  385  s. 550.615(9) shall be agreed upon by that permitholder, the
  386  Florida Thoroughbred Breeders’ Association, and the association
  387  representing a majority of the thoroughbred racehorse owners and
  388  trainers at that location. Awards for thoroughbred races are to
  389  be paid through the Florida Thoroughbred Breeders’ Association,
  390  and awards for standardbred races are to be paid through the
  391  Florida Standardbred Breeders and Owners Association. Among
  392  other sources specified in this chapter, moneys for thoroughbred
  393  breeders’ awards will come from the 0.955 percent of handle for
  394  thoroughbred races conducted, received, broadcast, or simulcast
  395  under this chapter as provided in s. 550.2625(3). The moneys for
  396  quarter horse and harness breeders’ awards will come from the
  397  breaks and uncashed tickets on live quarter horse and harness
  398  racing performances and 1 percent of handle on intertrack
  399  wagering. The funds for these breeders’ awards shall be paid to
  400  the respective breeders’ associations by the permitholders
  401  conducting the races.
  402         Section 8. Section 550.26352, Florida Statutes, is amended
  403  to read
  404         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
  405  taxes; credits; transmission of races; rules; application.—
  406         (1) In order to support the long standing history and
  407  importance of Florida’s thoroughbred industry and create
  408  incentives for continued job growth and economic development in
  409  this industry, the Legislature finds that the “Breeders’ Cup
  410  World Championship of Horse Racing” is an important event that
  411  Florida should annually pursue as a host state. While Florida
  412  has been the host of the Breeders’ Cup World Championship in the
  413  past, as of 2011 the Legislature finds that no thoroughbred
  414  track in this state presently meets the facility-related
  415  requirements of the sponsor of the Breeders’ Cup World
  416  Championship. The Breeders’ Cup World Championship is estimated
  417  to create tens of millions of dollars in economic development
  418  and sustain hundreds of jobs in the horse industry of the state
  419  that hosts the event.  The Legislature finds that preserving the
  420  rich history of Florida’s horse racing industry and fostering
  421  additional economic development and jobs in Florida’s horse
  422  industry are public purposes worthy of providing the incentives
  423  provided to induce current horse racing permitholders to upgrade
  424  their facilities to accommodate the requirements of the
  425  Breeders’ Cup World Championship so that the Breeders’ Cup World
  426  Championship may return to Florida.  In furtherance of these
  427  objectives, the Legislature hereby creates the Breeders’ Cup
  428  Permit to be operated exclusively at a Florida racetrack venue
  429  capable of hosting the Breeders’ Cup World Championship.
  430         (2)(a) (1) Notwithstanding any provision of this chapter to
  431  the contrary, there is hereby created a special thoroughbred
  432  race meet which shall be designated as the “Breeders’ Cup Meet.”
  433  The Breeders’ Cup Meet shall be conducted at the facility of the
  434  Florida permitholder selected by Breeders’ Cup Limited to
  435  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
  436  consist of 3 days: the day on which the Breeders’ Cup races are
  437  conducted, the preceding day, and the subsequent day. Upon the
  438  selection of the Florida permitholder as host for the Breeders’
  439  Cup Meet and application by the selected permitholder, the
  440  division shall issue a license to the selected permitholder to
  441  operate the Breeders’ Cup Meet. Notwithstanding s.
  442  550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
  443  dates which the selected permitholder is not otherwise
  444  authorized to conduct a race meet.The Breeders’ Cup Meet shall
  445  commence on the day before the annual Breeders’ Cup World
  446  Championship series of horse races are first conducted and shall
  447  continue through the Wednesday before the ensuing Thanksgiving
  448  Day.
  449         (b) There is hereby created a thoroughbred horse racing
  450  permit designated as the “Breeders’ Cup Permit” that shall
  451  authorize the holder to operate the Breeders’ Cup Meet. In order
  452  to provide for consistency and certainty in the annual racing
  453  schedule, the Breeders’ Cup Meet shall be conducted annually at
  454  the facility of the holder of the Breeders’ Cup Permit
  455  irrespective of whether the annual Breeders’ Cup World
  456  Championship series of horse races is conducted live at the
  457  facility of the holder of the Breeders’ Cup Permit in any
  458  particular year. The holder of the Breeders’ Cup Permit shall
  459  comply with the requirements of s. 550.01215 with regard to
  460  application for an annual license to conduct the Breeders’ Cup
  461  Meet, which license shall be issued by the division as otherwise
  462  provided in s. 550.01215. The provisions of this chapter
  463  relating to referendum requirements for the issuance of a pari
  464  mutuel permit or which otherwise impose mileage limitations on
  465  the location of a new pari-mutuel permit shall not apply to the
  466  permit created by this section, any contrary provision of law
  467  notwithstanding. The restrictions imposed by s. 550.5251(2)
  468  shall not apply to the holder of the Breeders’ Cup Permit or any
  469  other thoroughbred permitholder within its market area.
  470         (c) There shall be only one Breeders’ Cup Permit authorized
  471  by this section. Applications for issuance of the Breeders’ Cup
  472  Permit shall be filed with the division on or before September
  473  1, 2011. Any holder of a horseracing permit issued by the
  474  division is eligible to apply. If only one eligible applicant
  475  applies for the Breeders’ Cup Permit, then the division shall
  476  issue the Permit to that applicant no later than October 1,
  477  2011. If more than one application is submitted seeking issue of
  478  the Breeders’ Cup permit, then the division shall determine
  479  which applicant shall be issued the Breeders’ Cup Permit. In
  480  making its determination, the division shall issue the Breeders’
  481  Cup Permit to the applicant demonstrating superior capabilities
  482  to conduct an international racing event of the magnitude of the
  483  Breeders’ Cup World Championship, as measured by the
  484  demonstrated ability of the applicant’s facility to accommodate
  485  attendance in excess of 30,000 patrons, the capacity to add
  486  additional seating to accommodate the average attendance at the
  487  prior 5 Breeders’ Cup World Championship events, adequate
  488  parking lot capacity, superior facility characteristics such as
  489  quality of the racing surfaces and amenities for the patrons,
  490  the historical significance of the applicant in the
  491  establishment of the horse racing industry in Florida, and
  492  superior public transportation servicing the applicant’s
  493  facility. The division shall make a final determination with
  494  regard to the competing applications on or before December 31,
  495  2011. However, if, on or before October 1, 2011, any of the
  496  applicants requests that the division’s determination be
  497  postponed until June 1, 2012 in order to give that applicant an
  498  opportunity to make the capital improvements to its facility
  499  necessary to achieve an attendance capacity equal to the average
  500  attendance at the prior 5 Breeders’ Cup World Championship
  501  events and to construct other capital improvements otherwise
  502  applicable to the stated criteria, and such request is supported
  503  by executed construction contracts to accomplish the
  504  improvements, then the division shall postpone its determination
  505  until June 1, 2012, by which date the division shall make its
  506  final determination.
  507         (3)(2) The permitholder conducting the Breeders’ Cup Meet
  508  is specifically authorized to create pari-mutuel pools during
  509  the Breeders’ Cup Meet by accepting pari-mutuel wagers on the
  510  thoroughbred horse races run during said meet.
  511         (4)(3) If the permitholder has been selected to conduct
  512  conducting the Breeders’ Cup World Championship and Meet is
  513  located within 35 miles of one or more permitholders scheduled
  514  to conduct a thoroughbred race meet on any of the 2 3 days of
  515  the Breeders’ Cup World Championship, Meet, then operation on
  516  any of those 2 3 days by the other permitholders is prohibited.
  517  As compensation for the loss of racing days caused thereby, such
  518  operating permitholders shall receive a credit against the taxes
  519  otherwise due and payable to the state under ss. 550.0951 and
  520  550.09515. This credit shall be in an amount equal to the
  521  operating loss determined to have been suffered by the operating
  522  permitholders as a result of not operating on the prohibited
  523  racing days, but shall not exceed a total of $950,000. The
  524  determination of the amount to be credited shall be made by the
  525  division upon application by the operating permitholder. The tax
  526  credits provided in this subsection shall not be available
  527  unless an operating permitholder is required to close a bona
  528  fide meet consisting in part of no fewer than 10 scheduled
  529  performances in the 15 days immediately preceding or 10
  530  scheduled performances in the 15 days immediately following the
  531  Breeders’ Cup World Championship Meet. Such tax credit shall be
  532  in lieu of any other compensation or consideration for the loss
  533  of racing days. There shall be no replacement or makeup of any
  534  lost racing days.
  535         (5)(4) Notwithstanding any provision of ss. 550.0951 and
  536  550.09515, if the permitholder has been selected to conduct
  537  conducting the Breeders’ Cup World Championship, Meet the
  538  Breeders’ Cup permitholder shall pay no taxes on the handle
  539  included within the pari-mutuel pools of said permitholder for
  540  the day or days upon which the races sponsored by the Breeders’
  541  Cup World Championship are conducted live at the facility of the
  542  holder of during the Breeders’ Cup Permit Meet.
  543         (6)(5)If the The permitholder is selected to conduct
  544  conducting the Breeders’ Cup World Championship,Meet the
  545  permitholder shall receive a credit against the taxes otherwise
  546  due and payable to the state under ss. 550.0951 and 550.09515
  547  generated during the Breeders’ Cup World Championship said
  548  permitholder’s next ensuing regular thoroughbred race meet. This
  549  credit shall be in an amount not to exceed $950,000 and shall be
  550  utilized by the permitholder to pay the purses offered by the
  551  permitholder during the Breeders’ Cup World Championship Meet in
  552  excess of the purses which the permitholder is otherwise
  553  required by law to pay. The amount to be credited shall be
  554  determined by the division upon application of the permitholder
  555  which is subject to audit by the division.
  556         (7)(6)If the The permitholder is selected to conduct
  557  conducting the Breeders’ Cup World Championship, Meet the
  558  permitholder shall receive a credit against the taxes otherwise
  559  due and payable to the state under ss. 550.0951 and 550.09515
  560  generated during the Breeders’ Cup World Championship said
  561  permitholder’s next ensuing regular thoroughbred race meet. This
  562  credit shall be in an amount not to exceed $950,000 and shall be
  563  utilized by the permitholder for such capital improvements and
  564  extraordinary expenses as may be necessary for operation of the
  565  Breeders’ Cup World Championship Meet. The amount to be credited
  566  shall be determined by the division upon application of the
  567  permitholder which is subject to audit by the division.
  568         (8)(7)If the The permitholder is selected to conduct
  569  conducting the Breeders’ Cup World Championship, Meet the
  570  permitholder shall be exempt from the payment of purses and
  571  other payments to horsemen on all on-track, intertrack,
  572  interstate, and international wagers or rights fees or payments
  573  arising therefrom for all races for which the purse is paid or
  574  supplied by Breeders’ Cup World Championship Limited. The
  575  permitholder conducting the Breeders’ Cup World Championship
  576  Meet shall not, however, be exempt from breeders’ awards
  577  payments for on-track and intertrack wagers as provided in ss.
  578  550.2625(3) and 550.625(2)(a) for races in which the purse is
  579  paid or supplied by Breeders’ Cup World Championship Limited.
  580         (9)(8)(a) Pursuant to s. 550.3551(2), the permitholder
  581  conducting the Breeders’ Cup World Championship Meet is
  582  authorized to transmit broadcasts of the races conducted during
  583  the Breeders’ Cup World Championship Meet to locations outside
  584  of this state for wagering purposes. The division may approve
  585  broadcasts to pari-mutuel permitholders and other betting
  586  systems authorized under the laws of any other state or country.
  587  Wagers accepted by any out-of-state pari-mutuel permitholder or
  588  betting system on any races broadcast under this section may be,
  589  but are not required to be, commingled with the pari-mutuel
  590  pools of the permitholder conducting the Breeders’ Cup World
  591  Championship Meet. The calculation of any payoff on national
  592  pari-mutuel pools with commingled wagers may be performed by the
  593  permitholder’s totalisator contractor at a location outside of
  594  this state. Pool amounts from wagers placed at pari-mutuel
  595  facilities or other betting systems in foreign countries before
  596  being commingled with the pari-mutuel pool of the Florida
  597  permitholder conducting the Breeders’ Cup World Championship
  598  Meet shall be calculated by the totalisator contractor and
  599  transferred to the commingled pool in United States currency in
  600  cycles customarily used by the permitholder. Pool amounts from
  601  wagers placed at any foreign pari-mutuel facility or other
  602  betting system shall not be commingled with a Florida pool until
  603  a determination is made by the division that the technology
  604  utilized by the totalisator contractor is adequate to assure
  605  commingled pools will result in the calculation of accurate
  606  payoffs to Florida bettors. Any totalisator contractor at a
  607  location outside of this state shall comply with the provisions
  608  of s. 550.495 relating to totalisator licensing.
  609         (b) The permitholder conducting the Breeders’ Cup Meet is
  610  authorized to transmit broadcasts of the races conducted during
  611  the Breeders’ Cup Meet to other pari-mutuel facilities located
  612  in this state for wagering purposes; however, the permitholder
  613  conducting the Breeders’ Cup Meet shall not be required to
  614  transmit broadcasts to any pari-mutuel facility located within
  615  25 miles of the facility at which the Breeders’ Cup Meet is
  616  conducted.
  617         (c) The permitholder conducting the Breeders’ Cup Meet and
  618  any other licensed thoroughbred permitholder within its market
  619  area is authorized at any time to receive broadcasts of the
  620  races from horse tracks located outside of this state for
  621  wagering purposes.
  622         (10)(9) The exemption from the tax credits provided in
  623  subsections (4),(6), and (7)(5) and (6) shall not be granted and
  624  shall not be claimed by the affected permitholder until an audit
  625  is completed by the division. The division is required to
  626  complete the audit within 30 days of receipt of the necessary
  627  documentation from the permitholder to verify the permitholder’s
  628  claim for tax credits. If the documentation submitted by the
  629  permitholder is incomplete or is insufficient to document the
  630  permitholder’s claim for tax credits, the division may request
  631  such additional documentation as is necessary to complete the
  632  audit. Upon receipt of the division’s written request for
  633  additional documentation, the 30-day time limitation will
  634  commence anew. The permitholder shall be entitled to apply the
  635  tax credits authorized in this section against the taxes
  636  otherwise due during the permitholder’s next ensuing race meet
  637  or meets or other taxes otherwise payable by the permitholder to
  638  the division under chapters 550, 551, or 849, F.S., until the
  639  credit is fully applied.
  640         (11)(10) The division is authorized to adopt such rules as
  641  are necessary to facilitate the conduct of the Breeders’ Cup
  642  Meet and Breeders’ Cup World Championship events as authorized
  643  in this section. Included within this grant of authority shall
  644  be the adoption or waiver of rules regarding the overall conduct
  645  of racing during the Breeders’ Cup World Championship Meet so as
  646  to ensure the integrity of the races, licensing for all
  647  participants, special stabling and training requirements for
  648  foreign horses, commingling of pari-mutuel pools, and audit
  649  requirements for tax credits and other benefits.
  650         (12)(11) Any dispute between the division and any
  651  permitholder regarding the tax credits authorized under
  652  subsections (4),(6), or (7)(3), subsection (5), or subsection
  653  (6) shall be determined by a hearing officer of the Division of
  654  Administrative Hearings under the provisions of s. 120.57(1).
  655         (13) Upon the issuance of the Breeders’ Cup Permit, the
  656  permit shall not be subject to revocation, suspension, or
  657  escheatment, except as otherwise provided in this chapter for
  658  the revocation, suspension, or escheatment of thoroughbred
  659  permits generally.
  660         (14)(12) The provisions of this section shall prevail over
  661  any conflicting provisions of this chapter.
  662         Section 9. Section 550.475, Florida Statutes, is amended to
  663  read:
  664         550.475 Lease of pari-mutuel facilities by pari-mutuel
  665  permitholders.—Holders of valid pari-mutuel permits for the
  666  conduct of any jai alai games, dogracing, or thoroughbred and
  667  standardbred horse racing in this state are entitled to lease
  668  any and all of their facilities to any other holder of a same
  669  class valid pari-mutuel permit for jai alai games, dogracing, or
  670  thoroughbred or standardbred horse racing, when located within a
  671  35-mile radius of each other; and such lessee is entitled to a
  672  permit and license to operate its race meet or jai alai games at
  673  the leased premises.
  674         Section 10. Section 550.615, Florida Statutes, is amended
  675  to read:
  676         550.615 Intertrack wagering.—
  677         (1) Any horserace permitholder licensed under this chapter
  678  which has conducted a full schedule of live racing may, at any
  679  time, receive broadcasts of horseraces and accept wagers on
  680  horseraces conducted by horserace permitholders licensed under
  681  this chapter at its facility.
  682         (2) A Any track or fronton licensed under this chapter
  683  which conducted a full schedule of live racing or games which in
  684  the preceding year, any greyhound permitholder that has held an
  685  annual license to conduct pari-mutuel wagering activities in
  686  each of the preceding 10 years, or any greyhound permitholder
  687  converted pursuant to s. 550.054(14) conducted a full schedule
  688  of live racing is qualified to, at any time, receive broadcasts
  689  of any class of pari-mutuel race or game and accept wagers on
  690  such races or games conducted by any class of permitholders
  691  licensed under this chapter.
  692         (3) If a permitholder elects to broadcast its signal to any
  693  permitholder in this state, any permitholder that is eligible to
  694  conduct intertrack wagering under the provisions of ss. 550.615
  695  550.6345 is entitled to receive the broadcast and conduct
  696  intertrack wagering under this section; provided, however, that
  697  the host track may require a guest track within 25 miles of
  698  another permitholder to receive in any week at least 60 percent
  699  of the live races that the host track is making available on the
  700  days that the guest track is otherwise operating live races or
  701  games. A host track may require a guest track not operating live
  702  races or games and within 25 miles of another permitholder to
  703  accept within any week at least 60 percent of the live races
  704  that the host track is making available. A person may not
  705  restrain or attempt to restrain any permitholder that is
  706  otherwise authorized to conduct intertrack wagering from
  707  receiving the signal of any other permitholder or sending its
  708  signal to any permitholder.
  709         (4) In no event shall any intertrack wager be accepted on
  710  the same class of live races or games of any permitholder
  711  without the written consent of such operating permitholders
  712  conducting the same class of live races or games if the guest
  713  track is within the market area of such operating permitholder.
  714  A greyhound permitholder that accepts intertrack wagers on live
  715  greyhound signals is not required to obtain such written consent
  716  from any operating greyhound permitholder within its market
  717  area.
  718         (5) No permitholder within the market area of the host
  719  track shall take an intertrack wager on the host track without
  720  the consent of the host track.
  721         (6) Notwithstanding the provisions of subsection (3), in
  722  any area of the state where there are three or more horserace
  723  permitholders within 25 miles of each other, intertrack wagering
  724  between permitholders in said area of the state shall only be
  725  authorized under the following conditions: Any permitholder,
  726  other than a thoroughbred permitholder, may accept intertrack
  727  wagers on races or games conducted live by a permitholder of the
  728  same class or any harness permitholder located within such area
  729  and any harness permitholder may accept wagers on games
  730  conducted live by any jai alai permitholder located within its
  731  market area and from a jai alai permitholder located within the
  732  area specified in this subsection when no jai alai permitholder
  733  located within its market area is conducting live jai alai
  734  performances; any greyhound or jai alai permitholder may receive
  735  broadcasts of and accept wagers on any permitholder of the other
  736  class provided that a permitholder, other than the host track,
  737  of such other class is not operating a contemporaneous live
  738  performance within the market area.
  739         (7) In any county of the state where there are only two
  740  permits, one for dogracing and one for jai alai, no intertrack
  741  wager may be taken during the period of time when a permitholder
  742  is not licensed to conduct live races or games without the
  743  written consent of the other permitholder that is conducting
  744  live races or games. However, if neither permitholder is
  745  conducting live races or games, either permitholder may accept
  746  intertrack wagers on horseraces or on the same class of races or
  747  games, or on both horseraces and the same class of races or
  748  games as is authorized by its permit.
  749         (7)(8)In any three contiguous counties of the state where
  750  there are only three permitholders, all of which are greyhound
  751  permitholders, If any greyhound permitholder leases the facility
  752  of another greyhound permitholder for the purpose of conducting
  753  all or any portion of the conduct of its live race meet pursuant
  754  to s. 550.475, such lessee may conduct intertrack wagering at
  755  its pre-lease permitted facility throughout the entire year,
  756  including while its race live meet is being conducted at the
  757  leased facility, if such permitholder has conducted a full
  758  schedule of live racing during the preceding fiscal year at its
  759  pre-lease permitted facility or at a leased facility, or
  760  combination thereof.
  761         (8)(9) In any two contiguous counties of the state in which
  762  there are located only four active permits, one for thoroughbred
  763  horse racing, two for greyhound dogracing, and one for jai alai
  764  games, no intertrack wager may be accepted on the same class of
  765  live races or games of any permitholder without the written
  766  consent of such operating permitholders conducting the same
  767  class of live races or games if the guest track is within the
  768  market area of such operating permitholder.
  769         (9)(10) All costs of receiving the transmission of the
  770  broadcasts shall be borne by the guest track; and all costs of
  771  sending the broadcasts shall be borne by the host track.
  772         Section 11. Paragraph (g) of subsection (9) of section
  773  550.6305, Florida Statutes, is amended to read:
  774         550.6305 Intertrack wagering; guest track payments;
  775  accounting rules.—
  776         (9) A host track that has contracted with an out-of-state
  777  horse track to broadcast live races conducted at such out-of
  778  state horse track pursuant to s. 550.3551(5) may broadcast such
  779  out-of-state races to any guest track and accept wagers thereon
  780  in the same manner as is provided in s. 550.3551.
  781         (g)1. Any thoroughbred permitholder which accepts wagers on
  782  a simulcast signal must make the signal available to any
  783  permitholder that is eligible to conduct intertrack wagering
  784  under the provisions of ss. 550.615-550.6345.
  785         2. Any thoroughbred permitholder which accepts wagers on a
  786  simulcast signal received after 6 p.m. must make such signal
  787  available to any permitholder that is eligible to conduct
  788  intertrack wagering under the provisions of ss. 550.615
  789  550.6345, including any permitholder located as specified in s.
  790  550.615(6). Such guest permitholders are authorized to accept
  791  wagers on such simulcast signal, notwithstanding any other
  792  provision of this chapter to the contrary.
  793         3. Any thoroughbred permitholder which accepts wagers on a
  794  simulcast signal received after 6 p.m. must make such signal
  795  available to any permitholder that is eligible to conduct
  796  intertrack wagering under the provisions of ss. 550.615
  797  550.6345, including any permitholder located as specified in s.
  798  550.615(8) s. 550.615(9). Such guest permitholders are
  799  authorized to accept wagers on such simulcast signals for a
  800  number of performances not to exceed that which constitutes a
  801  full schedule of live races for a quarter horse permitholder
  802  pursuant to s. 550.002(11), notwithstanding any other provision
  803  of this chapter to the contrary, except that the restrictions
  804  provided in s. 550.615(8)(a) s. 550.615(9)(a) apply to wagers on
  805  such simulcast signals.
  806  
  807  No thoroughbred permitholder shall be required to continue to
  808  rebroadcast a simulcast signal to any in-state permitholder if
  809  the average per performance gross receipts returned to the host
  810  permitholder over the preceding 30-day period were less than
  811  $100. Subject to the provisions of s. 550.615(4), as a condition
  812  of receiving rebroadcasts of thoroughbred simulcast signals
  813  under this paragraph, a guest permitholder must accept
  814  intertrack wagers on all live races conducted by all then
  815  operating thoroughbred permitholders.
  816         Section 12. Subsection (1) of section 550.6308, Florida
  817  Statutes, is amended to read:
  818         550.6308 Limited intertrack wagering license.—In
  819  recognition of the economic importance of the thoroughbred
  820  breeding industry to this state, its positive impact on tourism,
  821  and of the importance of a permanent thoroughbred sales facility
  822  as a key focal point for the activities of the industry, a
  823  limited license to conduct intertrack wagering is established to
  824  ensure the continued viability and public interest in
  825  thoroughbred breeding in Florida.
  826         (1) Upon application to the division on or before January
  827  31 of each year, any person that is licensed to conduct public
  828  sales of thoroughbred horses pursuant to s. 535.01, that has
  829  conducted at least 10 15 days of thoroughbred horse sales at a
  830  permanent sales facility in this state for at least 3
  831  consecutive years, and that has conducted at least 1 day of
  832  nonwagering thoroughbred racing in this state, with a purse
  833  structure of at least $250,000 per year for 2 consecutive years
  834  before such application, shall be issued a license, subject to
  835  the conditions set forth in this section, to conduct intertrack
  836  wagering at such a permanent sales facility during the following
  837  periods:
  838         (a) Up to 21 days in connection with thoroughbred sales;
  839         (b) Between November 1 and May 8;
  840         (c) Between May 9 and October 31 at such times and on such
  841  days as any thoroughbred, jai alai, or a greyhound permitholder
  842  in the same county is not conducting live performances; provided
  843  that any such permitholder may waive this requirement, in whole
  844  or in part, and allow the licensee under this section to conduct
  845  intertrack wagering during one or more of the permitholder’s
  846  live performances; and
  847         (d) During the weekend of the Kentucky Derby, the
  848  Preakness, the Belmont, and a Breeders’ Cup Meet that is
  849  conducted before November 1 and after May 8.
  850  
  851  No more than one such license may be issued, and no such license
  852  may be issued for a facility located within 50 miles of any
  853  track for which a thoroughbred permitholder’s track has
  854  submitted a timely and valid application for a license to
  855  conduct live performances during the year, unless that
  856  permitholder consents to issuance of the license under this
  857  section.
  858         Section 13. Subsection (3) of section 550.3345, Florida
  859  Statutes, is amended to read:
  860         550.3345 Conversion of quarter horse permit to a limited
  861  thoroughbred permit.—
  862         (3) Unless otherwise provided in this section, after
  863  conversion, the permit and the not-for-profit corporation shall
  864  be treated under the laws of this state as a thoroughbred permit
  865  and as a thoroughbred permitholder, respectively, with the
  866  exception of s. 550.09515(3); provided however, a full schedule
  867  of live racing for a not-for-profit thoroughbred permitholder
  868  shall be 5 live regular wagering performances.
  869         Section 14. Subsection (2) of section 550.5251, Florida
  870  Statutes, is amended to read:
  871         550.5251 Florida thoroughbred racing; certain permits;
  872  operating days.—
  873         (2) A thoroughbred racing permitholder may not begin any
  874  race later than 9 7 p.m. Any thoroughbred permitholder in a
  875  county in which the authority for cardrooms has been approved by
  876  the board of county commissioners may operate a cardroom and,
  877  when conducting live races during its current race meet, may
  878  receive and rebroadcast out-of-state races after the hour of 7
  879  p.m. on any day during which the permitholder conducts live
  880  races.
  881         Section 15. Paragraph (c) of subsection (4) of section
  882  551.104, Florida Statutes, is amended to read:
  883         551.104 License to conduct slot machine gaming.—
  884         (4) As a condition of licensure and to maintain continued
  885  authority for the conduct of slot machine gaming, the slot
  886  machine licensee shall:
  887         (c) Conduct no fewer than a full schedule of live racing or
  888  games as defined in s. 550.002(11), except for holders of
  889  greyhound permits that do not have a live racing requirement. A
  890  permitholder’s responsibility to conduct such number of live
  891  races or games shall be reduced by the number of races or games
  892  that could not be conducted due to the direct result of fire,
  893  war, hurricane, or other disaster or event beyond the control of
  894  the permitholder.
  895         Section 16. Subsections (2) and (4) of section 551.114,
  896  Florida Statutes, are amended to read:
  897         551.114 Slot machine gaming areas.—
  898         (2) The slot machine licensee shall display pari-mutuel
  899  races or games within the designated slot machine gaming areas
  900  and offer patrons within the designated slot machine gaming
  901  areas the ability to engage in pari-mutuel wagering on any live,
  902  intertrack, and simulcast races conducted or offered to patrons
  903  of the licensed facility.
  904         (4) Designated slot machine gaming areas may be located
  905  within the current live gaming facility or in an existing
  906  building that must be contiguous and connected to the live
  907  gaming facility, if applicable. If a designated slot machine
  908  gaming area is to be located in a building that is to be
  909  constructed, that new building must be contiguous and connected
  910  to the live gaming facility.
  911         Section 17. Paragraphs (a) and (b) of subsection (5) and
  912  paragraph (d) of subsection (13) of section 849.086, Florida
  913  Statutes, are amended to read:
  914         849.086 Cardrooms authorized.—
  915         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  916  operate a cardroom in this state unless such person holds a
  917  valid cardroom license issued pursuant to this section.
  918         (a) Only those persons holding a valid cardroom license
  919  issued by the division may operate a cardroom. A cardroom
  920  license may only be issued to a licensed pari-mutuel
  921  permitholder and an authorized cardroom may only be operated at
  922  the same facility at which the permitholder is authorized under
  923  its valid pari-mutuel wagering permit to conduct pari-mutuel
  924  wagering activities. An initial cardroom license shall be issued
  925  to a pari-mutuel permitholder only after its facilities are in
  926  place and after it conducts its first day of live racing or
  927  games or, for a greyhound permitholder, only after it has
  928  conducted a full schedule of live racing in each of the
  929  preceding 10 years or after it was converted pursuant to s.
  930  550.054(14). A new cardroom license may not be issued in an area
  931  unless the local government has approved of such activity within
  932  its boundaries in accordance with subsection (16).
  933         (b) After the initial cardroom license is granted, the
  934  application for the annual license renewal shall be made in
  935  conjunction with the applicant’s annual application for its
  936  pari-mutuel license. If a permitholder has operated a cardroom
  937  during any of the 3 previous fiscal years and fails to include a
  938  renewal request for the operation of the cardroom in its annual
  939  application for license renewal, the permitholder may amend its
  940  annual application to include operation of the cardroom. Except
  941  for greyhound permitholders, in order for a cardroom license to
  942  be renewed the applicant must have requested, as part of its
  943  pari-mutuel annual license application, to conduct at least 90
  944  percent of the total number of live performances conducted by
  945  such permitholder during either the state fiscal year in which
  946  its initial cardroom license was issued or the state fiscal year
  947  immediately prior thereto if the permitholder ran at least a
  948  full schedule of live racing or games in the prior year. If the
  949  application is for a thoroughbred permitholder, the applicant
  950  must have requested to conduct at least 80 percent of the total
  951  number of live performances conducted by such a permitholder in
  952  the 2010-2011 state fiscal year or a lesser amount which has
  953  been agreed upon in writing by both the Florida Thoroughbred
  954  Breeders’ Association and the association representing a
  955  majority of the horse owners and trainers at the applicant’s
  956  facility. If the application is for a harness permitholder
  957  cardroom, the applicant must have requested authorization to
  958  conduct a minimum of 140 live performances during the state
  959  fiscal year immediately prior thereto. If more than one
  960  permitholder is operating at a facility, each permitholder must
  961  have applied for a license to conduct a full schedule of live
  962  racing. However, a minimum number of requested or conducted live
  963  performances is not required for a greyhound permitholder to
  964  maintain or renew a cardroom license.
  965         (13) TAXES AND OTHER PAYMENTS.—
  966         (d)1. Each greyhound and jai alai permitholder that
  967  operates a cardroom facility shall use at least 4 percent of
  968  such permitholder’s cardroom monthly gross receipts to
  969  supplement greyhound purses if live racing is conducted during a
  970  fiscal year, or jai alai prize money, respectively, during the
  971  permitholder’s current or next ensuing pari-mutuel meet.
  972         2. Each thoroughbred and harness horse racing permitholder
  973  that operates a cardroom facility shall use at least 50 percent
  974  of such permitholder’s cardroom monthly net proceeds as follows:
  975  47 percent to supplement purses and 3 percent to supplement
  976  breeders’ awards during the permitholder’s next ensuing racing
  977  meet.
  978         3. No cardroom license or renewal thereof shall be issued
  979  to an applicant holding a permit under chapter 550 to conduct
  980  pari-mutuel wagering meets of quarter horse racing unless the
  981  applicant has on file with the division a binding written
  982  agreement between the applicant and the Florida Quarter Horse
  983  Racing Association or the association representing a majority of
  984  the horse owners and trainers at the applicant’s eligible
  985  facility, governing the payment of purses on live quarter horse
  986  races conducted at the licensee’s pari-mutuel facility. The
  987  agreement governing purses may direct the payment of such purses
  988  from revenues generated by any wagering or gaming the applicant
  989  is authorized to conduct under Florida law. All purses shall be
  990  subject to the terms of chapter 550.
  991         Section 18. The Office of Program Policy and Governmental
  992  Accountability shall conduct a study on advance deposit wagering
  993  on thoroughbred races.  The purpose of the study is to determine
  994  the extent of advance deposit wagering activity originating in
  995  Florida and its impact, if any, on wagering activity at licensed
  996  pari-mutuel facilities in this state.  The study shall determine
  997  the capacity of account wagering systems to identify the
  998  location of account holders when the system is accessed for
  999  wagering purposes; how many persons use advance deposit wagering
 1000  accounts to make advance deposit wagers originating in Florida;
 1001  how many of these accounts are ascribed to Florida residents;
 1002  how much money is wagered through these accounts on thoroughbred
 1003  races conducted at Florida thoroughbred tracks and on
 1004  thoroughbred races conducted at racetracks in other
 1005  jurisdictions; and the impact of advance deposit wagering on
 1006  thoroughbred purses and breeders’ awards in this state. The
 1007  Office of Program Policy and Governmental Accountability shall
 1008  report its findings to the Legislature no later than December
 1009  15, 2011.
 1010         Section 19. This act shall take effect upon becoming a law.
 1011  
 1012  ================= T I T L E  A M E N D M E N T ================
 1013         And the title is amended as follows:
 1014         Delete everything before the enacting clause
 1015  and insert:
 1016                        A bill to be entitled                      
 1017         An act relating to pari-mutuel permitholders; amending
 1018         s. 550.002, F.S.; revising the definition of the term
 1019         “full schedule of live racing or games”; prohibiting a
 1020         minimum requirement of live performances for greyhound
 1021         permitholders; amending s. 550.01215, F.S.; revising
 1022         the requirements for an application for a license to
 1023         conduct performances; extending the period of time
 1024         allowed to amend certain applications; amending s.
 1025         550.054, F.S.; removing a requirement for holders of
 1026         certain converted permits to conduct a full schedule
 1027         of live racing to qualify for certain tax credits;
 1028         amending s. 550.0951, F.S.; revising provisions
 1029         relating to a transfer by a permitholder of a tax
 1030         exemption or license fee credit to a greyhound
 1031         permitholder; revising provisions relating to the tax
 1032         on handle for dogracing and intertrack wagering;
 1033         conforming a cross-reference; amending s. 550.09514,
 1034         F.S.; revising provisions relating to the purse
 1035         requirements for greyhound racing and for the payment
 1036         of purses; amending s. 550.105, F.S.; revising
 1037         provisions relating to municipal taxes for dogracing
 1038         facilities; amending s. 550.26165, F.S.; conforming a
 1039         cross-reference to changes made by the act; amending
 1040         s. 550.26352, F.S.; providing findings; revising
 1041         provisions regarding the Breeders’ Cup World
 1042         Championship; creating a Breeders’ Cup Permit;
 1043         providing for the application for the permit;
 1044         exempting the permit from certain provisions;
 1045         providing deadlines for the application; providing
 1046         criteria; clarifying certain tax credits for the
 1047         Breeders’ Cup World Championship; providing for out
 1048         of-state broadcasts of races; providing for
 1049         revocation, suspension, or escheatment of permit;
 1050         amending s. 550.475, F.S.; revising provisions
 1051         relating to the leasing of pari-mutuel facilities by
 1052         pari-mutuel permitholders; amending s. 550.615, F.S.;
 1053         revising provisions relating to intertrack wagering;
 1054         amending s. 550.6305, F.S.; conforming cross
 1055         references; amending s. 550.6308, F.S.; revising
 1056         provisions relating to limited intertrack wagering
 1057         license; amending s. 550.5251, F.S.; revising
 1058         thoroughbred racing hours of operation; amending s.
 1059         551.104, F.S.; revising a condition of licensure for
 1060         the conduct of slot machine gaming; amending s.
 1061         551.114, F.S.; revising the requirements for
 1062         designated slot machine gaming areas; amending s.
 1063         849.086, F.S.; revising the requirements for initial
 1064         and renewal issuance of a cardroom license to a
 1065         greyhound permitholder; providing that a corresponding
 1066         pari-mutuel license application or a minimum number of
 1067         live performances is not required for a greyhound
 1068         permitholder to maintain or renew a cardroom license;
 1069         revising the requirements for renewal issuance of a
 1070         cardroom license to a thoroughbred permitholder;
 1071         providing for a study of advance deposit wagering on
 1072         thoroughbred races by the Office of Program Policy and
 1073         Governmental Accountability; providing an effective
 1074         date.